The child custody terms handed down by Pennsylvania courts are legally binding, which means that parents are required to uphold them. While it’s not unusual for a parent to consider a move, you should not move with your children without taking the required steps. If you and your ex can reach an agreement on the matter, you can generally expect the court to sign off on it, and if you can’t find common ground, you’ll need to resolve the matter in court. Discuss your case with our experienced Pittsburgh child custody attorney at The Law Offices of Dawn K. Gull today.
Relocation Defined
Relocation in Pennsylvania child custody cases does not mean simply moving from one home to another. Instead, relocation refers to moving somewhere that makes it significantly more challenging for your ex to maintain their child custody rights.
While a move across town is unlikely to qualify as relocation, a move that interferes with your ex’s access to your shared children will. If you are considering relocation, you must give your children’s other parent written notification, and if you can’t gain their approval, you’ll need to obtain the court’s.
Written Notification
If you’re planning a move that will likely be classified as a relocation, you’ll need to notify your children’s other parent well in advance. This generally means giving them at least 60 days’ notice. If you didn’t know about the move 60 days in advance and can’t reasonably delay it, you must give notice within 10 days of learning about it.
To ensure a record of delivery, your notice must be sent by certified mail with a return receipt requested. Further, the notice should include all the following:
- The reason for the proposed move
- The new custody schedule that you’re proposing
- Your new address and phone number
- Where your children will be attending school
- The names and ages of everyone who will be living in your household
- The proposed relocation date
- A warning that the other parent must object within 30 days or waive the objection
Factors that Help Pennsylvania Courts Make Decisions Regarding Relocation
If you need the court’s approval, your case will be heard at the Allegheny County Family Law Center in Pittsburgh. Key factors that tend to play a critical role in whether the court approves a proposed relocation include the following:
- The feasibility of the parent who is not relocating to preserve their relationship via an alternate visitation schedule
- The potential enhancements that the move will afford the children and the primary custodial parent
Child custody determinations are always based on the children’s best interests in Pennsylvania. And the burden of proving that the relocation supports their best interests lies with the parent proposing the move. Reach out for the skilled legal guidance of a capable child custody lawyer today.
Discuss Your Case with Our Experienced Pittsburgh Child Custody Lawyer Today
Dawn Gull is our knowledgeable Pittsburgh child custody lawyer at The Law Offices of Dawn K. Gull, and she will spare no effort in her focused efforts to help you obtain a favorable resolution in your relocation case. Learn more by contacting us online or giving our firm a call at 412-440-5718 today.